Nobody likes to think about their death. This makes putting together a Trust or Will a difficult decision, that is often avoided. Regardless of these feelings, we all have to leave this world one day. With the large baby-boomer generation retiring and aging, it makes it more likely that you will face probate sooner or later. This is where a Carlsbad probate attorney can be of great assistance.
The good thing is that you don’t have to do it all alone. There are several times when a Carlsbad probate attorney can step in and help.
Here are 7 practical ways a Carlsbad Probate Attorney can help you:
1. Protection against Probate Litigation
Litigation surrounding the transfer of assets after death happens more often than you imagine. The probate procedure can be a magnet for those trying to take advantage of an unsavvy beneficiary after the passing of benefactor. These come in the form of contesting a valid will or trust, to long lost creditors making a claim against the estate.
When you hire a probate lawyer, you can make sure that all claims against the estate are valid claims. In addition, an experienced probate lawyer will help to ensure that once money is distributed to a beneficiary, that beneficiary will not have to worry about lawsuits against them to recover the money from a creditor of the estate.
2.Limit Family Fighting During a Time of Grief.
Probate is usually a period of the incredible turmoil within families. Particularly when the will of a decedent leaves out certain individuals or does not split the assets equally. A probate lawyer can help reduce these pressures on the executor. A qualified probate attorney translates the will and encourages a tension free probate process. In doing so, this will help preserve un-necessary legal expenses to be paid out of the estate. The probate attorney help with communicating to siblings who are not on speaking terms, in order to settle the estate.
3. Drafting Your Will.
Though you may want a DIY will, we strongly advise well to have your Last Will and Testament created by an expert estate planning attorney. That is best way to ensure that the Last Will and Testament is going to carry out your wishes, as you intend. It also reduces the liklihood of a court pronouncing your will as invalid after your death based on a technicality.
4. Helps you to Understand the Complex Probate Process.
You may be an agent or a beneficiary with questions about complex probate process. a well-qualified probate lawyer will have answers. The truth of the matter is that probate can be a very tense time for everybody included. Family members who don’t understand the process sometimes feel like they are being taken advantage of.
This is all amplified during a time of grief after the passing of a friend or family member. An experienced Carlsbad probate lawyer can assist in making sure that you understand the probate process, and are able to effectively make important legal decisions.
5. Assist in Probate Court.
Again, the probate procedure is complex and has many technical subtleties. Particularly when the bequest settlement is being overseen by an unpracticed agent with minimal experience in accounting or money management, or the probate court rules. A seasoned probate attorney will act as a guide for executors and help to streamline the process. This also helps shield the executor from personal liability for making an uninformed decisions, even when there intentions are pure.
6. Repayment of the Estate’s Debts.
Executors at times battle with the reimbursement of expense part of the probate procedure. They may even postpone payment of debts, increasing the balance through interest, by trying to be overly careful. With the help of a Carlsbad probate attorney, all of the estate’s debts should be paid off prior to making distributions of the remaining assets to the beneficiaries.
There is a unique and specific procedure for notifying creditors of the probate estate. When done properly, this will limit the creditors ability to try and collect from the beneficiary’s after the assets have been distributed. However, a professional Carlsbad probate attorney will help to ensure that you follow all requirements, and track the notification period for creditors so that you will not have to delay the distribution to beneficiaries one day longer than the law requires.
7. Helps with the Technical Probate Details
Executors of an estate have a wide range of duties when they take on that role. With that said, if they make a mistake, they can be held personally liable. A significant number of these obligations are court rules and procedure that are hard to understand with strict deadlines. While you can absolutely do them yourself, the process can be greatly simplified by using someone who has done it before. This also greatly reduces the risk of any personal liability for the actions of an executor.
Hence, a probate attorney Carlsbad can make sure that you understand the technical details, so you don’t commit unnecessary errors. Errors in probate end up creating delays and incur unnecessary expenses to be paid by the estate.